whatbindsCheck your order

Clauses · DFARS · Small business, labor and socioeconomic

DFARS 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements

Does the regulation require it to flow down?

Yes

(b)(2): the prime 'certifies, by signature of the contract, that it requires each covered subcontractor to agree' not to enter into/enforce any agreement mandating arbitration of Title VII claims (Civil Rights Act of 1964) and torts related to sexual harassment or assault. 'Covered subcontractor' defined in (a).

Form
substance — via the (b)(2) certification, not verbatim clause insertion
Reaches
covered subcontractors (subcontract > $1M); the text does not scale by tier

Checked against acquisition.gov on 2026-08-11 · edition JAN 2023 · base v0.9.3 Read the text ↗

What it makes you produce

One item for your checklist.

  1. Nothing to send, ever

    There is no paperwork here. It is a rule you follow while you perform the work.

    • Employment and independent-contractor agreements that do not require arbitration of Title VII claims or of torts related to sexual harassment or assault

      DFARS 252.222-7006(b)(1)

When it is used

Goes into DoD contracts above $1M paid with defense funds, except commercial acquisitions (prescription at DFARS 222.74; prescription detail (unconfirmed)). Flows down by certification: the prime certifies, by signing the contract, that it requires from each 'covered subcontractor' — subcontract above $1M, except commercial products/services incl. COTS — the same commitment not to impose mandatory arbitration.

Read closely

Nothing is submitted under this clause: paragraph (b)(2) is a certification made by signature of the contract itself, paragraph (c) excepts agreements that cannot be enforced in a court of the United States, and paragraph (d) is the Secretary of Defense's waiver authority. Offer letters and standard employment agreements are where paragraph (b)(1) lands.

The 12 templates that name it, with the line
143CORPDOC 3A — FAR/DFARS Flowdown Provisions for Fixed Price Non-Commercial Items under a DoD Prime ContractLockheed Martinline 369155CORPDOC 4A — FAR/DFARS Flowdown Provisions for Cost-Reimbursement/T&M Subcontracts under a DoD Prime ContractLockheed Martinline 405233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 161960Raytheon TC-003 — Supplement 2: Government Contract Provisions from the DFARSRTXline 211166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 2433166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 2372168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 2463255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1270243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 2179240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 2380273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 1303178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 778

Source: acquisition.gov, DFARS 252.222-7006. CODIFIED REGIME, read 2026-08-11 on the part-252 page at DFARS Change 5/7/2026: "As prescribed in 222.7405, use the following clause:" with designation (JAN 2023). RFO CLASS DEVIATION 2026-O0040 (DFARS part 222, effective February 17, 2026) CARRIES THIS CLAUSE AT THE SAME NUMBER: the memo prescribes it at 222.7405 and prints it (JAN 2023). So the two regimes AGREE here on number, prescription and designation, and an agreement read is recorded because the alternative is silence that a reader cannot tell from an unread deviation. TO RE-DERIVE THE DEVIATION HALF WITHOUT REDOING THE RESEARCH: fetch acquisition.gov/sites/default/files/page_file_uploads/DoD_RFO_Deviation_Part-22.pdf (630407 bytes, 31 pages, DARS Tracking Number 2026-O0040, "Effective February 17, 2026, contracting officers shall use"), run pdftotext -layout over it, and grep for 252.222-7006 — 2 occurrences on 2026-08-11, poppler pdftotext. Both regimes read against their primary sources on 2026-08-11, and the deviation half re-read a second time and the recipe above measured on 2026-08-11 (verified 2026-08-11)

This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.